The New York minimum wage as of January 1, 2026, is $17.00 per hour in New York City, Long Island, and Westchester County, and $16.00 per hour in the rest of the state.1The State of New York. New York State’s Minimum Wage These rates apply to most non-exempt workers whether you are paid hourly, by salary, or by the piece. Tipped hospitality workers have their own cash-wage rules, and a handful of job categories are exempt entirely.
2026 Rates by Region
New York sets its minimum wage by geography, and the two-tier split that once distinguished large and small New York City employers has been eliminated. Every NYC employer now pays the same rate.1The State of New York. New York State’s Minimum Wage
- New York City, all employers: $17.00 per hour
- Nassau, Suffolk, and Westchester Counties: $17.00 per hour
- Remainder of New York State: $16.00 per hour
Fast food workers are covered by a separate wage order, but for 2026 those rates track the general minimum in each region.1The State of New York. New York State’s Minimum Wage A fast food chain cannot pay you less than the standard rate for where you work.
Tipped Hospitality Workers
If you work in the hospitality industry and regularly receive tips, your employer can pay a lower cash wage and count part of your tips toward the minimum wage. This “tip credit” is only available in hospitality. Every other industry must pay the full minimum wage with no tip offset.2Department of Labor. Minimum Wage for Tipped Workers
Hospitality tipped workers split into two groups. Food service workers, whose main job is serving food or drinks, have a larger tip credit because tips are typically higher. Other tipped hospitality workers, like hotel housekeepers and coat check attendants, have a smaller credit. In New York City, Long Island, and Westchester for 2026, where the full minimum is $17.00:3NYC.gov: Business. Wage Regulations in New York State
- Food service workers: $11.35 cash wage, tip credit up to $5.65
- Other tipped service employees: $14.15 cash wage, tip credit up to $2.85
The rest of the state has proportional rates keyed to the $16.00 minimum. Two protections apply everywhere. If your tips in any week fail to bring your hourly total up to the full minimum wage, your employer has to pay the difference.2Department of Labor. Minimum Wage for Tipped Workers And under Labor Law Section 196-d, your employer cannot keep any part of your tips, including mandatory service charges that customers reasonably read as gratuities.4New York State Senate. New York Labor Law 196-D – Gratuities
Farm and Domestic Workers
Farm workers earn the same hourly minimum as other workers in their region for 2026.5Department of Labor. Farm Worker Labor Posters 2026 What differs is overtime. Instead of the usual 40-hour weekly threshold, farm workers hit overtime after 52 hours per week in 2026. The threshold steps down on a set schedule:6Department of Labor. Farm Laborers Wage Board
- 2026: overtime after 52 hours
- 2028: overtime after 48 hours
- 2030: overtime after 44 hours
- 2032: overtime after 40 hours
Domestic workers, including housekeepers, nannies, and home attendants, must be paid the full minimum wage for their region. Overtime rules turn on where you sleep. If you live outside your employer’s home, overtime starts after 40 hours. If you live in, it starts after 44. Employers must also give a written notice of pay rates and payday at hiring, provide weekly written pay statements, and keep daily and weekly hour records available to the Department of Labor.7Department of Labor. Facts for Employers of Domestic Workers
Who Is Exempt
Some workers fall outside minimum wage entirely. The most common exemptions are for executive and administrative employees, and both a duties test and a minimum salary have to be met. For 2026, that weekly salary floor is $1,275.00 in New York City, Nassau, Suffolk, and Westchester, and $1,199.10 in the rest of the state.8Department of Labor. Minimum Wage Frequently Asked Questions Earn less than that and you keep your minimum wage and overtime rights no matter what your job title says.
Other exempt categories include outside salespeople, taxicab drivers, certain government employees, part-time babysitters, ministers and members of religious orders, and volunteers or students at nonprofit institutions.9Department of Labor. Wages and Hours Frequently Asked Questions Exemption always comes down to the work you actually do, and where applicable your salary, not the title on your paycheck.
If You Are Being Underpaid
File a Labor Standards Complaint Form (LS223) with the New York State Department of Labor. An investigator will contact your employer, and sometimes visit the workplace. If a violation is found, your employer will be ordered to pay the wages you are owed.10Department of Labor. The Labor Standards Complaint Process
Your employer cannot fire you, cut your hours, or otherwise punish you for filing a complaint, cooperating with an investigation, or raising a concern in good faith, even if it turns out you were wrong about the law.11Department of Labor. Retaliation Retaliation itself carries criminal penalties under the Wage Theft Prevention Act.12Department of Labor. P715 – Wage Theft Prevention Act
You have six years to sue for unpaid wages or overtime. The clock is paused while the Department of Labor investigates, so filing a complaint doesn’t cost you time to bring a private lawsuit later.13New York State Senate. New York Labor Law 663 – Civil Action
What Happens After 2026
Starting in 2027, New York stops using a fixed schedule of dollar increases. The minimum wage will be adjusted each year based on the Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) for the Northeast Region, tying the rate to regional inflation.14The State of New York. New York State’s Minimum Wage The law also includes an off-ramp that lets the state pause or modify increases during an economic downturn or period of fiscal stress. The 2027 number won’t be set until the state reviews inflation data, so watch the Department of Labor’s website late in 2026 for the announcement.